Unsafe flat balcony - whose responsibility?

lis1320

Hello, we just went to look at a flat today and we really like it but noticed there is some damage to the balcony:

This bit is broken and there’s another loose are which overall makes the balcony unsafe since it’s on the first floor.

The flat has reduced in price a couple of times since it has been on the market and when we questioned the estate agent she assured us the current owners are in communication with the housing association to have this repaired before anyone new moves in. The flat is currently empty as owners moved abroad. 

My question is, is this repair something that the housing association is likely to cover themselves since it’s outside the property, or could we get stuck with the bill as we would buy with knowledge of the defect? I wonder if the price reduction is to account for this.

What sort of questions and assurances should we be asking from the estate agents/sellers? Obviously we can go in with a lower offer but have no real proof of any discussion between the HA and current owner. 

MikeJXE

Looking at your photo it doesn't seem as the balcony is damaged it's the shoddy decking that's been installed on it 

An easy fix 

ThisIsWeird

What's under that broken decking - a drop?

Very possible - but have it confirmed - the HA will cover the 'fabric' of the building, which would include that balcony, whilst the owner sorts anything internal. In which case, they wouldn't be expected to lower the price to reflect this damage.

But, have this confirmed.

Jonboy_1984

Is there a solid substrate underneath it as it seems an unusual material choice for a first floor? If it is not a tenant added decoration then responsibility would be defined in the lease for the flat.

Option 1 is it is the freeholders responsibility to organise, but they would then recoup the costs from collectively from the leaseholders via the service charge. 

Option 2 is it is the flat owners responsibility if deemed part of the demise and not part of the fabric.

This would normally be confirmed by your solicitor further down the process during conveyancing. 

Beware of housing association managed blocks (if it is)and look carefully for reviews of their block  management . They have a reputation for more extensive, more frequent refurbishment works at the leaseholders expense than you may see in a more normal freeholder/management agent block.

lis1320

ThisIsWeird said:

What's under that broken decking - a drop?

Very possible - but have it confirmed - the HA will cover the 'fabric' of the building, which would include that balcony, whilst the owner sorts anything internal. In which case, they wouldn't be expected to lower the price to reflect this damage.

But, have this confirmed.

Yes, it’s a drop underneath. We’ll try to get confirmation that HA will sort it in writing, thank you 

MikeJXE

lis1320 said:

ThisIsWeird said:

What's under that broken decking - a drop?

Very possible - but have it confirmed - the HA will cover the 'fabric' of the building, which would include that balcony, whilst the owner sorts anything internal. In which case, they wouldn't be expected to lower the price to reflect this damage.

But, have this confirmed.

Yes, it’s a drop underneath. We’ll try to get confirmation that HA will sort it in writing, thank you 

Do you mean a drop to the ground under the decking ? 

Surely that can't be the case those railings are fixed to a concrete structure which is the balcony 

lis1320

MikeJXE said:

lis1320 said:

ThisIsWeird said:

What's under that broken decking - a drop?

Very possible - but have it confirmed - the HA will cover the 'fabric' of the building, which would include that balcony, whilst the owner sorts anything internal. In which case, they wouldn't be expected to lower the price to reflect this damage.

But, have this confirmed.

Yes, it’s a drop underneath. We’ll try to get confirmation that HA will sort it in writing, thank you 

Do you mean a drop to the ground under the decking ? 

Surely that can't be the case those railings are fixed to a concrete structure which is the balcony 

We’ll have to double check on a second viewing but as far as I remember it looked like a drop under the break. Would the decking be able to break and be at such an angle if there was a concrete structure right underneath? If there is concrete there then I won’t have to be so worried about safety so I hope you’re right! 

lis1320

Jonboy_1984 said:

Is there a solid substrate underneath it as it seems an unusual material choice for a first floor? If it is not a tenant added decoration then responsibility would be defined in the lease for the flat.

Option 1 is it is the freeholders responsibility to organise, but they would then recoup the costs from collectively from the leaseholders via the service charge. 

Option 2 is it is the flat owners responsibility if deemed part of the demise and not part of the fabric.

This would normally be confirmed by your solicitor further down the process during conveyancing. 

Beware of housing association managed blocks (if it is)and look carefully for reviews of their block  management . They have a reputation for more extensive, more frequent refurbishment works at the leaseholders expense than you may see in a more normal freeholder/management agent block.

The flat was rented out for 5 years so it may well be deemed as damage and responsibility of owner. Would hate to get so far down the process and find out we have to fork out money for this. 

MikeJXE

The decking isn't broken it has slipped off the beams that support it due to poor installation, typical at the point where it is, an angle that wasn't correctly lined up 

I have no doubt there is a concrete balcony under that decking and you are completely safe as long as you don't slip through the declining which is probably only 5/6 inches below 

SavingPennies_2

There's no way that decking is the only thing between you and an 8 foot drop. You can see the boards opposite have a join in the same place, looks like more like a trip hazard to me, but if the boards are past it you might want to get it all replaced.

You mention the price has dropped a few times, there aren't other issues are there to warrant caution?

lis1320

SavingPennies_2 said:

There's no way that decking is the only thing between you and an 8 foot drop. You can see the boards opposite have a join in the same place, looks like more like a trip hazard to me, but if the boards are past it you might want to get it all replaced.

You mention the price has dropped a few times, there aren't other issues are there to warrant caution?

True, though not sure how it would work if it’s technically the responsibility of the HA. Wouldn’t want to change it over just to be told it doesn’t meet their regulation for some reason or it’s the wrong colour and doesn’t match the other balconies.

There are a few cosmetic things inside that need doing but nothing massive. Enough to turn some people away if they want something that looks perfect. Beautiful
location and owners live abroad so probably want rid of it ASAP. We live in the building right opposite so know it’s a quiet area. Would have to wait for a survey to see anything serious.